In an unexpected move, the Biden-Harris administration announced a new ‘amnesty’ initiative during the week of the Democratic National Convention, leading to considerable criticism and debate. Administratively titled “Keeping Families Together”, this controversial program is anticipated to make an estimated 500,000 noncitizen spouses and an additional 50,000 noncitizen stepchildren of U.S. citizens eligible for parole.
The U.S. Citizenship and Immigration Services (USCIS) clarified that, “Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process.” The term “admission” in this respect refers to being legally authorized to be in the United States with a green card, visa, or any other such provision.
Andrew Arthur, an immigration expert and resident fellow in law and policy at the Center for Immigration Studies, offered a stark interpretation, suggesting “This is a massive amnesty that Congress never authorized.”
Arthur, also a former immigration judge, warned about a potential cascading impact this initiative could have, raising fears that, “Under a Harris-Walz administration , everybody in the country illegally could eventually be eligible for a process like this.” Acknowledging the complexities bound to come with such an amnesty, he stressed that administrative amnesties are notoriously difficult to revoke.
The USCIS announced specific stipulations for applicants under the “Keeping Families Together” initiative. Spouses must demonstrate lawful residence within the United States for 10 years “without admission or parole”, nothing in their criminal record that could be deemed threatening public safety, national security, or border security, and clearance from background checks.
In what has become a contentious point of the policy, the USCIS addressed possible exceptions for applicants with criminal records. Even under such circumstances, eligibility can be achieved by “demonstrating positive factors that can be considered in overcoming this presumption and showing that they warrant a favorable exercise of discretion.”
Additionally, as per the USCIS guidelines, illegal immigrants currently undergoing removal proceedings can still acquire parole under this process. The USCIS exhorts, “If you have a final unexecuted removal order, non-disqualifying criminal history, or other derogatory information in your case, you may provide additional documentation that you believe demonstrates your parole is warranted based on a significant public benefit or urgent humanitarian reasons, and that you merit a favorable exercise of discretion.”
As the dialogue around immigration overhaul continues to roil the political landscape, critics argue that the timing and suddenness of the new amnesty program seems more calculated for political impact than for thoughtful policy change. The coming days will reveal how this decision affects the wider discourse on immigration policy and border security.
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